A is accused of forging B's signature on a gift deed of property. The prosecution relies on the opinion of a handwriting expert, who confirms that the signature is forged. Discuss the relevancy of the opinion of a handwr

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2025
A is accused of forging B's signature on a gift deed of property. The prosecution relies on the opinion of a handwriting expert, who confirms that the signature is forged. Discuss the relevancy of the opinion of a handwriting expert under the Bharatiya Sakshya Adhiniyam, 2023.

Answer & Explanation:

Generally, opinion of third person is irrelevant. However, in some cases opinion of third person may be treated as relevant. According to Section 41 of Bhartiya Sakshya Adhiniyam, 2023 when the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact. A person is said to be acquainted with the handwriting of another person when he has seen that person write, or when he has received documents purporting to be written by that person in answer to documents written by himself or under his authority and addressed to that person, or when, in the ordinary course of business, documents purporting to be written by that person have been habitually submitted to him. Therefore, in the given situation, opinion of handwriting expert may be treated as relevant.

Topics: Evidence Law

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